Legal Decision vs Security State in the social need for political sovereignty of the globalised constitutional state

Abstract

Legal positivism of modernity, built on the will of the legislature, is today an interesting issue, considering its differences with logical legal positivism, because it is based on a political decision. Being constructed on a willed decision, it is intertwined with the need for constant recourse to the courts of justice to settle pre- or post- legal questions, regarding radical anthropological or existential problems of one individual or of the whole society. The studies on legal decision-making help us also to better understand recent security legislation, in some countries - including European countries - against terrorism, without any opposition from national and supranational political and legal systems.